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HomeMy WebLinkAbout2019 ORDINANCE NO. 2019 AN ORDINANCE relating to an~ regulating hotels, providing for the lic- ensing thereof and for the revocation oi' such licenses, providin,~ ioe~alties for the violation thereof, and repe~lin~ Ordina.~ces Nos. 346, 697 and all other ordina~ces and parts of ordinances in conflict therewith. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Definitions. The word "person" shall mean and include nat- ural persons, copartnerships, corporations and associations, and persons of bo~h sex. For the purpose of this ordinance the word "hotel" shall mean and t. nclude hotels, rooming houses, lodging houses, and any building, portion of building group of b~ildings such as autels, motels, automobile courts, trailer courts or similar buildings, and any other buildin~ used for h~nan habitation con- raining two or more ro~ms intended or designed to be used or which may be used for sleeping or living purposes by tourists or temporary guests for periods of less than 'thirty (30) days which are rented or hired out for compensation as a business. Places where children, old people, invalids, or canvalescents are ezclusively acco~,modate~, are not be c~nsidered hotels. Section 2. License. It shall be unlawful for any person, as ow~]er, lessor, lessee, manager or agent to conduct, keep, mar~age or operate, or cause to be conducted, managed or operated, any hotel in the City of Bremer- ton without first obtaining a license from the city so to do, and which shall he k~own as a "Hotel License~'. Section 3. Fees. The fees to be charged for a license hereunder shall be as follows: For each hotel having from 2 to 10 units -- ~7.50 per year or any portion thereof 11 to 25 units -- $10.00 per year or any portion thereof 26 to 50 units -- .~12.50 per year or any portion thereof 5] to 100 units -- ~15.00 per year or any portion thereof 101 to 150 units -- .~20.00 per year or any portion thereof 151 to 300 ~n]its -- $22.50 per year or any portion thereof 301 to 500 tmits -- ~)25.00 per year or any portion thereof Every hotel having' both temporary and permanent guests shall, for the purpose of this section, be classified solely as a hotel and the fee shall be based on the total m~mber of units in the building. Section 4. Term of License. Ail licenses issued hereunder shall expire o~ June 30th of each year and shall not be transferable. Upon any change of ow~ership of a hotel, the new owner must apply for and secure a new license. Section 5. Application. The appltcation for a hotel license shall ba made in writing t~ ~he city Clerk and shall set forth the name of the apioli- tort or a~?li, cants, the place where said business is to be conducted, by street and number, the number of rooms to be used by the applicant in the conduct of said business, and the n~mnber of rooms to be used for sleeping or lodging pur- poses. The application shall also state whether the applicant [s the owner or lessee of the premises to be used as a hotel, and ~f he or sne is the les- see, the name an~ address o~' the owner. The application shall also set forth the name of the ~erson who is to have the active management of such hotel. Section 6. In.vesti~ation -- Qualifications of Licenses -- Issuance of License. Upon reg"'e].pt of such applic'a~on, '~he City Clerk shall fei'er ti~e matter'for investigation to the Chief of Police of the city or such other per- son as ~he kayor and Conn~issioner of PuOlic Health an~ Salary snail designate to make such investigation, and investiaation shall ue made of the caaracter of the applicant and/or of the person who will be in active manage~nent of such hotel and a verification of the statements made in the application and a return of such investigation and recommendation shall be made to the k~ayor ,~.ithin ten (10) days. No license shall be granted or issued to the following persons: Any person who is not twenty-one years of age at the time of the application; (b) Any person not of good moral character or whom the Comm~.s- sioner of Public Safety shall have r~,asonable grounds to believe to be dishonest or immoral or to desire s~ch lic- ense to enable him to practice some dishonest or immoral act; (c) Any person who has been convicted of the violation of Fed- eral, state or city laws or ordinances regulating the man~- facture, t~ansportation, possession or sale of narcotics or intoxicating liquors, or of any crime involving moral turpi- tude within a period of three (3) years next prior to the date of makin~ a.opltcation for issuance of such license; Ordinance No. 2019 (Con't) (d) Any person who has had hislicense revoked for ca~.~se by the Commissioner of Public Safety or the City Council within three (3) years prior to the date of the application; (e) Any person who names another person to have the active man- agement of such hotel, who has been convicted or had his license revoked as described in Subdivisions (c) and (d) of this section; (f) Any person who desires to conduct such business at a loc- ation at which any former proprietor or employee thereof, within one year of the date of such application, has been convicted as described in Subdivision (c) of this section; provide~, however, a license shall not be denied on this ground unless the owner or rental aLent of the building knew or by the exercise of reasonable care could have known or ascertained that said premises were ~ing used for illegal purposes; (g) Any person, if the premises do not comply with the require- ments of this ordinance, the building code, the fire code a nd the health ordinauces of the city. Upon the return of said application with the report of investigation thereon, the Eayor shall consider the same and if he shall find t~st the stat. merits contained in the application are true and that the applicant ia a ~ropa: person to whom a license shall be granted, such license shall he granted and the City Clerk shall be directed to issue to the applicant upon payment of the required fee to the City Treasurer, such license to conduct a hotel at th~ place described in the application, subject, however, to the right of the titI to thereafter suspend or revoke arch license as herein provided. Section 7. Unlawful to Advertise Unlicensed Premises. No buildin~ s~a].' l:.e advertised as a hotel nor snell any sign, p[~aCard, poster, bs~z~er, card " "aute] " other advertising usins~ t~e words "hotel", "rooming house," "motel, , "a~to court", "automobile court" or "trailer court" or words of like or sf~- ilar i~port be placed, erected, ~isplayed or maintained on the outside t~e~'e- of Or in close proximity thereto or in the insigne thereof in such manner ~s it may be seen from the outside thereof, unless the business or condactiag a kotel as herein defined shall have been licensed by the City of Bremerton by the isst~ance of an unexpired or unrovoked hotel license. '~'~-ti~on .8.. ...... Prohibite5 Use of House. It shall be unlawful for amy t~er- son ~n charge of afiy:h$~]~,~ither as owner, agent, manager, clerk, servant or employee, to permit the s~m~e~o~r~any~p_0~tion thereof to be used as a of ill fame, brothel, bawdy house or disor~~_~ or permit the sams to be used for the purpose of prostitution, fornication or~_~ or s,~ffer any lascivious cohabitation, adultery, fornication or other to be carried on therein. Section 9. Hotel Re~istrationo Every person conducting any hotel shall keep a:. register, appro~.~ed by the Commissioner of Fublic Safety, in which all guests, roomers and lodgers shall be required to register their names and ad- dresses. The person in charge of registering guests shall indicate on said re,lister the date of each registration and time an~ date of ~eparture, and shall wr~te opposite the name or names of each such guest, roomer or lo~ger the n~lber of the room or ro~s assigned to s ~ch guest, roomer or lod~er, an~ the number of any and all rooms to which said guest, roomer or loOger may sub- sequently ~e assigmed to occupy. Every hotel register shall be open to spection at all reasonable times by the police officers an5 t~le h alth or sanf tary officers of the city and to the public generally during all the hours which sai~ hotel is open for the reception of guests, roomers or lo~gers. Ail such registration books shall be preserved for the perlo~ of at least two (2) Section 10. Relationship of Guests in the S~e Room. No room shell ~e rented ~'-~-~s$~_~to or privately occupied jointly by persons oi the op[~osite s~x unless such per~H~s~~registered as husban~ and wife or as ~are~t and chil~ an~ in no case, notwith~~~~st~stton, if the manager or ~erso~l in charge of such hotel have reasona01e ca~~.~.~e.~.~_~ve that such ~ersons ~]o not bear the relation to each other as represented up~H trstion. Section 11. Rooms Numbered. Every person conducting a hotel shall cause eech sleeping room and apartment in such building to be numbered in a plain and conspicuous manner. Each n~nber shall be placed on 'the o~tsi~e door of the room and no two rooms shall bear the same numOer. Section 12. Acts of A.~ent. In the conduct of any hotel, the acts of the agent, servant or employee or the owner thereof shall be deemed to be the acts Of sUCh_ owner. 0rd~nance 2019 (CCh't) Section 13. [{evocation or Suspension of License -- Order -- Hearing. Ail l~censes ~ran~ed under the provisions of ~his ordinance may ~e suspend- ed or revoked by the Co~nissioner of Public Safety whenever it ~hall be made to appear to h~m thab the person to whom the license is issued has used the premises for an illegal purpose or has violated any of the provisions of this ordinance, or upon conviction of said person of a~y offense involving moral 'turpitude. In the event the Gonnn~ssioner of Public Safety s hall sus- pend or revoke said license, he s~ll cause to be served upon the licensee a formal order of suspension or revocation of said license, which order shall recite the reasons therefor. An appeal from any order of the Commis- sioner of ~'uDlic Safety suspending or revoking a license ~lranted hereunder .,nay' be taken to the City Council within five (5) days after the service up- on the licensee of the order of suspension orrevocstion of s~id license, snd the appeal shall be heard and determined by the City Council at the ad- ministrative session next following that upon which the appeal is recieved. z'he hearing may, however, be continued by the Council from time to time. The suspensiom or revocation of a llcense shall give the licensee no right to a refund from any unearned portion of the fee paid. Any order provided for in this ordinance shall be served either (1) by delivering a copy personally upon the licensee, or (2) by leaving ~ copy ~ith some person of suitaUle age and discretion at the place of business of t~e licensee by leaving such order in a conspicuous place on the premises and ~ailing ~ copy of the order to the licensee at his place of ~ustness as set forth in h~s application for a license. Section 14. Repeal of Ordinances. Ordina:~ces Nos. 346~ 697 as well as all other ordinances and parts of ordinances in conflict herewith be, and the same hereby are repealed. Section 15. Penalty. Any person viOlating any of the provisions of this ordina,.~..ce shall, upon conviction thereof, be fi. ned in any s~.m~ not ex- ceeding Three Hundred Dollars ($300.00), or be imprisoned in the city jail for a period not exceeding ninety (90) days, or shall ce punished by both such fine a[¢d imprisonment. APPt~OVED on first reading this 22nd day of April, 1953. PASSED on second reading, signed by the Mayor and attested by the City Cler~¢ in authentication of such passage this 29th day of April, 1953. ATTEST: S.W. YOW~LL, ~layor E'.H.T. ~c,.~°v['~n, c~ty Clerk .....